Note: The various types of
computer crime are defined in § 53a-251. The degree of the offense is
determined by the value of the property damaged or services stolen or interfered
with. See § 53a-252 (first degree: exceeds $10,000), § 53a-253 (second degree:
exceeds $5,000), § 53a-254 (third degree: exceeds $1,000), § 53a-255 (fourth
degree: exceeds $500), and § 53a-256 (fifth degree: does not exceed $500). In
addition, the value of the property or services is irrelevant if the defendant
recklessly created a risk of serious physical injury, in which case it is third
degree (e.g., interfering with the computer system of a medical or emergency
organization).

The defendant is charged [in count __]
with interruption of computer services in the (first / second / third/ fourth /
fifth) degree. The statute defining this crime reads in pertinent part as
follows:

a person is guilty of the
computer crime of interruption of computer services when (he/she), without
authorization, intentionally or recklessly disrupts or degrades or causes
the disruption or degradation of computer services or denies or causes the
denial of computer services to an authorized user of a computer system.

[<Insert if appropriate:> For
the purposes of this statute, "person"
means a natural person, corporation, limited liability company, trust,
partnership, incorporated or unincorporated association and any other legal or
governmental entity, including any state or municipal entity or public
official. <Describe the status of the defendant as a person.>]

For you to find the defendant guilty
of this charge, the state must prove the following elements beyond a reasonable
doubt:

Element 1 - Interfered with the
delivery of computer servicesThe first element is that the
defendant <insert as appropriate:>

(denied /
caused to be denied) computer services to an authorized user of the computer
system. "Computer
system" means a computer, its software, related equipment,
communications facilities, if any, and includes computer networks. "Computer"
means a programmable, electronic device capable of accepting and processing
data. "Computer
network" means (A) a set of related devices connected to a computer by
communications facilities, or (B) a complex of two or more computers,
including related devices, connected by communications facilities.

<Describe specific allegations.>

Element 2 - Without
authorizationThe second element is that the
defendant was not authorized to <insert specific allegations>.

Element 3 - Intent /
RecklessnessThe third element is that the
defendant acted <insert as appropriate:>

with the specific
intent to <insert allegations>. A person acts "intentionally"
with respect to a result when (his/her) conscious objective is to cause such
result. <See
Intent: Specific, Instruction 2.3-1.>

recklessly. A
person acts "recklessly"
with respect to a result or circumstances when (he/she) is aware of and
consciously disregards a substantial and unjustifiable risk that such result
will occur or that such circumstances exist. <See
Recklessness, Instruction 2.3-4.>

Element 4 - Value of property
or services / Risk of serious physical injury[<If the state is alleging a dollar
amount of damages:>

The fourth element is that the damage
to or the value of the property or computer services <insert according to
degree charged:>

First degree:
exceeds $10,000.

Second
degree: exceeds $5,000.

Third degree:
exceeds $1,000.

Fourth
degree: exceeds $500.

Fifth degree:
is $500 or less.

The value of property or computer
services is either 1) the market value of the property or computer services at
the time of the crime; or 2) if the property or computer services are
unrecoverable, damaged or destroyed as a result of the crime, the cost of
reproducing or replacing the property or computer services at the time of the
crime. When the value of the property or computer services or damage to the
property or the services cannot be satisfactorily ascertained, the value shall
be deemed to be two hundred fifty dollars. The value of private personal data
shall be deemed to be one thousand five hundred dollars.1

[<If there are multiple items and
their values can be aggregated:> In making this determination, you may add
or aggregate the value of the property involved. You can only aggregate amounts
if the thefts were committed pursuant to one scheme or course of conduct,
whether from the same or several persons.2]

The fourth element is that the
defendant engaged in conduct that created a risk of serious physical injury to
another person. A person acts "recklessly"
with respect to a result or circumstances when (he/she) is aware of and
consciously disregards a substantial and unjustifiable risk that such result
will occur or that such circumstances exist. <See
Recklessness, Instruction 2.3-4.>

"Serious
physical injury" is something more serious than mere physical injury, which
is defined as "impairment of physical condition or pain." It is more than a
minor or superficial injury. It is defined by statute as "physical injury which
creates a substantial risk of death, or which causes serious disfigurement,
serious impairment of health or serious loss or impairment of the function of
any bodily organ."]

Conclusion

In summary, the state must prove
beyond a reasonable doubt that 1) the defendant (disrupted computer services /
degraded computer service / denied computer services to an authorized user), 2)
(he/she) was not authorized to do so, 3) (he/she) acted (intentionally /
recklessly) and 4) <insert the value of the damages or the allegations of
recklessness>.

If you unanimously find that the state
has proved beyond a reasonable doubt each of the elements of the crime of
interruption of computer services in the (first / second / third/ fourth /
fifth) degree, then you shall find the defendant guilty. On the other hand, if
you unanimously find that the state has failed to prove beyond a reasonable
doubt any of the elements, you shall then find the defendant not guilty.
_______________________________________________________